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Current as of January 01, 2024 | Updated by Findlaw Staff
As used in this chapter:
1. “Intentional misconduct” means conduct by a supporter with actual knowledge at the time of the conduct that the conduct is unnecessarily harmful to the health or well-being of a named individual.
2. “Named individual” is the individual identified in a supported decisionmaking agreement who is to receive decisionmaking assistance.
3. “Supported decisionmaking” means assistance from a person of a named individual's choosing:
a. To identify, collect, and organize documents that apply to a decision the named individual is considering;
b. To identify, collect, and organize information that may be helpful to the named individual when making a decision;
c. To help the named individual understand documents;
d. To identify choices available for a responsible decision;
e. To identify advantages and disadvantages of available choices;
f. To communicate any decision by the named individual to others at the request of the named individual; or
g. To explain the decisionmaking process allowed under this subsection to the court in any proceeding to create or modify a guardianship or conservatorship for the named individual.
4. “Supported decisionmaking agreement” means a written, signed, dated, and witnessed understanding between a named individual and a trusted adult who agrees to provide assistance for decisionmaking to maximize the named individual's ability to make informed, voluntary choices, including choices within:
a. Health care.
b. Residence.
c. Finances.
d. Education.
e. Legal affairs.
f. Vocation.
5. “Supporter” is a person that has signed a supported decisionmaking agreement, agreeing to provide assistance to the named individual.
Cite this article: FindLaw.com - North Dakota Century Code Title 30.1. Uniform Probate Code § 30.1-36-01. Definitions - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-30-1-uniform-probate-code/nd-cent-code-sect-30-1-36-01/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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